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The Evolution of Resource Property Rights$
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Anthony Scott

Print publication date: 2008

Print ISBN-13: 9780198286035

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780198286035.001.0001

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After the Gold Rush: Alluvial and Hard Rock Mining on Public Land in the New World

After the Gold Rush: Alluvial and Hard Rock Mining on Public Land in the New World

(p.247) 7 After the Gold Rush: Alluvial and Hard Rock Mining on Public Land in the New World
The Evolution of Resource Property Rights

Anthony Scott

Oxford University Press

As placer mining waned, rights appropriate to technologies of deep alluvial and hard-rock operations were demanded in the US, Canada, Australia, and South Africa, and supplied by both local and federal governments. The enduring US Mining Law of 1870 followed, and created miners' claims. The chapter then devotes many pages to the public lands — the development of the conditions to be satisfied by prospectors and companies in obtaining claims, such as the definition of the required ‘discovery’ and of the ‘apex’ right. For a while a two-stage system prevailed: whereby an exploration permit could be obtained to make a discovery, followed by a mining right leading to a claim or a patent. This procedure was revised from time to time, and from country to country. Its differences and revisions help explain differences in subsequent miner property-ownership-rights.

Keywords:   miners' rights, exploration right, 1870 Mining Law, hard-rock claims, patenting, miner property-ownership-rights, placer mining

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